Murdo Fraser, MSP, supported by the Free Speech Union, is contesting Police Scotland’s classification of his tweet as a hate incident, amidst broader concerns over Scotland’s new hate crime laws and their impact on free speech.
Murdo Fraser, a Scottish Conservative MSP, has threatened Police Scotland with legal action following the classification of one of his tweets as a “hate incident.” The tweet in question criticized the Scottish Government’s gender policy but was not found to be criminal. This incident has prompted Fraser, with support from the Free Speech Union, to demand the deletion of the record and a revision of the police’s hate crime policy. The threat of legal action coincides with concerns surrounding the introduction of Scotland’s new hate crime legislation set to take effect on April 1. Fraser’s objections underline fears regarding potential impacts on free speech.
Police Scotland responded by explaining that the system in place prioritizes victims and aids in monitoring community tensions. Following the backlash, the focus has also turned to the Hate Crime and Public Order (Scotland) Act, with First Minister Humza Yousaf insisting that the legislation includes adequate protections for freedom of speech.
In a separate but related concern, the Society of Editors has called on the UK government to reform the Single Justice Procedure (SJP), which currently allows for the private adjudication of low-level offenses such as truancy and TV license evasion. Criticism of the SJP system stems from its lack of transparency and potential impact on vulnerable individuals, with a reported third of defendants suffering from health conditions. Supported by politicians across party lines and following an outcry over the lack of transparency in these hearings, the Magistrates’ Association has proposed reforms to ensure more openness and fairness in the process.
The momentum for change also includes recommendations for better training for those involved in the SJP, provisions for journalists to observe hearings, and the introduction of a “public interest” test by prosecutors. Despite initial resistance from the Ministry of Justice, there is now an acknowledgment of the need to consider these recommendations seriously.
